Lin v Zheng [2023] NSWCA 174

Lin v Zheng [2023] NSWCA 174

The representations made by Mr Lin amounted to misleading or deceptive conduct within the meaning of s 18 of the Australian Consumer Law and s 52 of the Trade Practices Act 1974 (Cth), as they were assurances of repayment concerning future matters for which there were no reasonable grounds. These representations were relied upon by the respondents (except Mr Shen), establishing causation and entitlement to compensation.

Parties
Appellant: Zhi Wei Lin; First Respondent: Jinbiao Zheng; Second Respondent: Xiaochu Luo; Third Respondent: Yi Wang; Fourth Respondent: Xiaofeng Qian; Fifth Respondent: Moral Success Developments Ltd
Jurisdiction
Australia
Judgment Date
01 August 2023
Procedural Posture
Civil Appeal / Court of Appeal (nswca)
Outcome
Appeal dismissed
Legal Topics
Misleading or Deceptive Conduct, Representations as to Future Matters
Consumer Law Misleading or Deceptive Conduct Representations as to Future Matters

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 21 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Zhi Wei Lin

Appellant

Jinbiao Zheng

First Respondent

Xiaochu Luo

Second Respondent

Yi Wang

Third Respondent

Xiaofeng Qian

Fourth Respondent

Moral Success Developments Ltd

Fifth Respondent

Procedural Posture

Civil Appeal / Court of Appeal (nswca)

Legal Issues

  1. 1 Whether the appellant engaged in misleading or deceptive conduct via representations as to future matters
  2. 2 Whether representations were made and relied upon by respondents and caused loss
  3. 3 Adequacy of reasons of primary judge

Ratio Decidendi

The representations made by Mr Lin amounted to misleading or deceptive conduct within the meaning of s 18 of the Australian Consumer Law and s 52 of the Trade Practices Act 1974 (Cth), as they were assurances of repayment concerning future matters for which there were no reasonable grounds. These representations were relied upon by the respondents (except Mr Shen), establishing causation and entitlement to compensation.

Court Disposition

Appeal dismissed

Orders

  • Leave to amend the notice of appeal refused.
  • Leave to appeal granted.